Why did they do this at this point in time?
People thought that the Asif Zardari government had hit rock bottom and none could ever be worse. Well, the Sharif government has found a new bottom and proved them wrong. Pakistan is fast becoming bottomless, like hell where sinful sods keep looking for bottoms but find none.
I am agog. In the face of the countless crises fast spinning out of control that this already failed government doesn’t have the capacity to handle, they have decided to put Gen Pervez Musharraf on trial for high treason under Article 6 of the constitution. Let it happen, I say. Musharraf has won bail in all the cases vengefully filed against him. Let’s get this one out of the way as well.
Twice before has Nawaz Sharif committed political suicide: seeing him beckoning yet another defies credulity. They have learned nothing and remain intent on punching above their weight, which inevitably leads to knockout. One is left wondering whether Nawaz Sharif will outlive the trial or the trial will outlive him?
Why did they do this at this point in time? It is not for just one but for all the reasons being proffered, and more.
1. Considering that this government has a single digit collective IQ, stupidity and alienation are the prime suspects. Their death wish just won’t go away.
2. To divert attention from government’s inability. They have succeeded for a while, for if they hadn’t I wouldn’t be wasting time writing this article and you reading it, but for how long? Diversions fail when deprivation hurts.
3. To prevent Musharraf leaving Pakistan and getting out of their clutches. Why would he when he voluntarily entered the jackals’ den and into their clutches? I suppose pompous cowards who beg for pardons, withdrawal of cases and exiles through foreign governments cannot understand this.
4. To malign and weaken the army further so that it cannot mount another coup. By doing what they are doing they could accelerate yet another. They still don’t realize that a coup is an institutional, not an individual’s decision.
This last point was proved by the countercoup mounted by the army in reaction to Nawaz Sharif’s coup against it on October 12, 1999. If coups were the decision of the army chief alone, how could they have reacted when their chief was totally cut off and out of the picture? Obviously, this is what Nawaz Sharif was banking on, not knowing that army interventions are institutional decisions. Those who say that it had been planned earlier only demonstrate their stupidity. How could the army have put the idea into Nawaz Sharif’s head to rush back to Islamabad from Bahawalpur and commit political suicide? In fact, had Musharraf’s PIA flight not been delayed by over an hour the army may not have had the time to move. When it was delayed, a hysterical Nawaz Sharif tried to prevent the flight from landing in Pakistan and even delivering our army chief into Indian custody. Is this not attempted treason? He is lucky that the pilot was a patriot and refused to take the aircraft to India.
Thus it is facetious to wonder who the next army chief will be. Whoever it is, if the institution decides that Pakistan’s decline has gone far enough it will move and even a reluctant army chief will have to go along or face mutiny, which will be very destructive for the army and the country. Mutiny has been tried thrice before and failed only by fluke, which is why it is also facetious to say that this is too big and disciplined an army for mutinies to happen. Flukes do not take place all the time. Desperate simpletons are asking, “What did we sacrifice so much for and make an army except to save us? Now save us. Will you save us only after there is nothing left to save?” This is damaging both for Pakistan and the army that we have made for other reasons. An army at war on many fronts doesn’t need the additional headache of running a country.
Some say that the case against Musharraf is “open and shut”, only he will be tried and only for imposing the November 3, 2007 emergency and not the army takeover of October 12, 1999. How illogical can they get? What an affront to natural justice. What an affront to the intellect. They just cannot hide their bias. There is no way that only Musharraf can be singled out and there is no way either that October 12, 1999 will not come into the fray. Look, if October 12, 1999 had not been validated by the Supreme Court and later indemnified by parliament there is no way Musharraf could even have reached November 3, 2007, much less impose emergency. To say that someone can be tried and punished in only one alleged crime and not all is wrong if an earlier crime led to a later crime. It is the original sin of the perpetrators and aiders, abettors, legitimizers and indemnifiers that matters. The Supreme Court judges that validated October 12, 1999 will have to enter the dock, as too should the parliamentarians that indemnified it.
Article 6 says: “High treason. – (1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.
“(2) Any person aiding or abetting [or collaborating] the acts mention in clause (1) shall likewise be guilty of high treason.]
“(3) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court or a High Court.]
“(4) Majlis-e-Shoora (Parliament shall by law provide for the punishment of persons found guilty of high treason.”
Forgive the atrocious mutilation of language by the constitution’s latest constitutional mutilators.
The word ‘abeyance’ was insinuated into Article 6 after Musharraf had lost power because he had neither abrogated the constitution nor ever declared martial law. ‘Abeyance’ was insinuated only to get him. But can it be applied retroactively? Natural justice says that it cannot.
If neither the Supreme Court nor any High Court can validate an act of high treason, the validation of the army’s takeover of October 12, 1999 by the Supreme Court is null and void and the judges that validated it become aiders and abettors and have to be included in the trial as well. If ‘abeyance’ is brought into retroactive effective there is no way either that they can avoid bringing the October 12, 1999 army reaction into the fray and put all aiders, abettors and collaborators, including and especially the Supreme Court judges in the dock. Parliamentarians have subverted the constitution more than any military ruler has. The last parliament subverted the federal structure of the state and turned Pakistan into a de facto confederation but they sit pretty because their amendments were done constitutionally. Ergo: if you subvert the constitution constitutionally you are a good boy, but if you do it unconstitutionally you are a bad boy. Parliamentarians can commit any crime they wish, including defaming people, so long as they commit it within the constitution and in parliament.
If you look at the oaths taken by military personnel, they are sworn to uphold the constitution and, most importantly, to save Pakistan. However, if the spirit and intent of the constitution is violated constitutionally and Pakistan is being endangered they should remain silent hoping that the Supreme Court will declare such legislative acts ultra vires of the constitution. My argument sounds rather convoluted only because it is dealing with a very convoluted constitution that has been woefully mutilated.
The literal minded say that you can single out a person and forget about both the original ‘sin’ and its aiders and abettors in both sins because Pervez Musharraf used the word ‘I’ more than once in declaring the November 3, 2007 emergency. They should know that when an office holder speaks or writes in the first person in his official capacity he is representing and speaking on behalf of the institution in which he holds office and the people especially mentioned in an order are party to the order. Thus there is no way they can get away with singling out Musharraf for trial and only for the November 3, 2007 emergency. No, Sir, neither can Musharraf be singled out nor can October 12, 1999 be ducked. They are doing this to save their thick necks by ducking the first question that should be asked: “Why did you and your aiders and abettors Mr Prime Minister create such conditions on October 12, 1999 by removing the army chief illegally as determined by the Supreme Court that caused an army takeover?” That was the real original sin.
My ‘sugary’ question, neither here nor there, is: what is the nexus between Sri Lanka and Nawaz Sharif committing political suicide?
Humayun Gauhar is a political analyst. He can be contacted at: [email protected].
I am old enough to remember the judiciary in Pakistan was always a slave of the rulers. Why now the outcome of this drama be any different ? Pakistan has seen a lot, but never judges acting as vicious & vengeful politicians. Unfortunately the judiciary & the ruling junta is putting Pakistani Military in a position with very few options.
Thank you Humayun Gohar for giving a proper and logical analysis on this situation. These judges are the courts are behaving more like a network of Mafias.
Very true, look at the mess the jdiciary is in, how people are suffering because their cases are pending. I dont understand why isnt judiciary putting their houe in order first.
PM again will appoint junior Gen.as COAS and again history will be repeated
"Greed and covetousness dulls the faculties of judgement and wisdom " ( Hazrath Ali ibnae abu Talib – Raadi Allah anhoe )
A friend (who might have advised the coup maker at all critical junctures) justifying the coup! Next thing: thieves and robbers will have their friends advocating "immunity from protection" on account of price hike.
Whatever ! Country is rapidly sliding towards that end. I mean towards army. It is written on the wall.
Musharraf is the main culprit of pakistan
Yes "culprit" of pakistan and thats why pakistan is at present state after his exit. By the way are you an Indian because how your nawaz sharif is reacting against Musharraf is possibly a given guidelines by India. It is no doubt to be understood that Musharraf has never been taken as friend by Indians but always as a hardliner for them to deal with. God bless this nationalist and also pray for pakistanis that they should understand how it could be a huge loss for the country if they lose him.
It seems to me that you don't read things and just give out your fact less and biased view. Yes he was a culprit! A culprit for serving this nation honestly,giving it progress and being sincere to the country. This is why you dislike the man,because you people are used to having corrupt presidents and cannot digest the fact that how can an honest man rule this country.
If Army decided to invade Islamabad, they will do it with former impunity, no matter how stringent constitutional clauses are against such move or how strongly SC viewed their involvement in politics in the recent past.
I agree with Mr Gauhar. How many troops does the Pope (read the CJ) has, asked Napoleon. When the army decides to move, no parliament will be able to stop it.
Speaking truth is Jehad and Mr. Gauhar is doing that. I wish some more honest journalists should show their courage. It will be a great service to their countrymen and Pakistan.
We have had enough politically elected leaders murdered, hanged or jailed by the khakis and their boot lickers. About time we hanged or jailed one of many useless and incompetent khaki generals.
I am an Indian 7 no friend of musharaf after Kargil etc.but in Indo Pak relations context,Paistan came nearest to solving the k problem when he was incharge.pakistanis shooting itself in the foot by this type of trials.NS is not the bottom.Bottom will be reached after IK becomes PM of Pakstan elected by a desperate people.Then you will have taliban in control with late 90.s of afghanistan repeated in Pakistan.So for governance of pakistan ,the order is Pravez m,Zardari,NS,IK in descending order of competence, Pravez Musharaf was the best of lot of the people in control of Pakistan that we have seen or will see.
Agreed! As far as Musharraf's competence is concerned
agreed for the assessment of I.K….
Thank you Mr. Gauhar for calling a spade a spade. General Musharraf is a true patriot and a brave soldier. PML(N) govt does not want to try Musharraf for the 1999 coup because it would have brought out the pleas for mecry and pardon by Nawaz sharif and family. They don't want those things to be known by the public because then we would find out that not only is our present military leadership cowards but our prime minister is a spineless creature who is hell bent on revenge and is doing so under the umbrella of the PCO judges. Too bad there aren't more people(journalists) like Hamayun Gauhar who have the courage to speak the truth.
Really nice article by Mr. Humayoun Gohar , its really truley reflect our questions which he raised in his article , must appreciated to raise his voice for justice for Mr. Mushraaf , Mushraf should be return back and take charge again as CEO of this country , All corrupt politician should be hang on roads.
Sugary question cracked me up. Thank you so much Sir Hamayun Gauhar.
non- professional shareef has been made the new COAS…
Serving dictators seem to be in their blood–Like Father Like Son
Thank you, Humayun for clearing the issues. Nawaz is a coward. And we have not yet touched the bottom. He will invite the coup and he will get it in the neck.
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